Tag:Trade mark registration

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A Lidl Decision With Big Implications–Court Of Appeal Edition
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Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy

A Lidl Decision With Big Implications–Court Of Appeal Edition

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

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Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy

The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.

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